IPC Section 396 - Dacoity with Murder and BNS Section 310(3)
Dacoity with murder is a serious offence involving a group of at least five persons engaged in dacoity when one of them commits murder in the course of that dacoity. The former Indian Penal Code provision was Section 396; the corresponding provision under the Bharatiya Nyaya Sanhita, 2023 is Section 310(3).
Meaning of dacoity under BNS Section 310(1)
Under Section 310(1), dacoity occurs when five or more persons jointly commit or attempt robbery. Persons present and aiding the commission or attempt count towards the required number of five. This definition is substantially aligned with former IPC Section 391.
IPC Section 396 - Former legal provision
Under Section 396 of the Indian Penal Code, 1860, if any one of five or more persons conjointly committing dacoity committed murder during that dacoity, every one of those persons was exposed to the punishment prescribed by the section.
Punishment under IPC Section 396: Death, imprisonment for life, or rigorous imprisonment for a term extending up to ten years, together with liability to a fine.
BNS Section 310(3) - Dacoity with murder
Section 310(3) of the Bharatiya Nyaya Sanhita, 2023 provides that when any one of five or more persons jointly committing dacoity commits murder in the course of the dacoity, every one of those persons is liable under the provision.
Punishment under BNS Section 310(3): Death, imprisonment for life, or rigorous imprisonment for a term of not less than ten years, and a fine. This minimum-ten-year wording differs from the former IPC Section 396.
Essential ingredients of the offence
- There must be participation by at least five persons in the commission or attempted commission of robbery, including qualifying persons present and aiding.
- The persons must be conjointly committing dacoity.
- At least one of those persons must commit murder in the course of the dacoity.
- The prosecution must establish the accused person's participation and the required connection between the murder and the dacoity, based on admissible evidence.
Offence classification and trial
| Particular | BNS Section 310(3) |
|---|---|
| Nature | Cognizable |
| Bail | Non-bailable |
| Trial court | Court of Session |
| Sentence | Death, life imprisonment, or rigorous imprisonment of at least ten years, plus fine |
These classifications follow the First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023. Non-bailable does not mean bail is legally impossible; a court considers bail under the applicable procedural provisions and circumstances.
Difference between ordinary dacoity and dacoity with murder
Under BNS Section 310(2), ordinary dacoity is punishable with imprisonment for life or rigorous imprisonment up to ten years and fine. Section 310(3) specifically addresses murder committed in the course of dacoity and carries substantially more severe punishment.
Related legal provisions
- BNS Section 309: Robbery, including its definition and punishment.
- BNS Section 310(1): Definition of dacoity.
- BNS Section 310(2): Punishment for dacoity.
- BNS Section 310(4): Preparation to commit dacoity.
- BNS Section 311: Robbery or dacoity involving a deadly weapon, grievous hurt or attempt to cause death or grievous hurt.
- BNS Section 312: Attempt to commit robbery or dacoity while armed with a deadly weapon.
Official statutory references
Read the Bharatiya Nyaya Sanhita, 2023 on India Code, the National Crime Records Bureau BNS chapter text, and the official BNSS First Schedule offence classifications. The Bureau of Police Research and Development criminal laws portal also provides official legislative resources.
Frequently asked questions
What replaced IPC Section 396?
BNS Section 310(3) is the corresponding provision for dacoity with murder under the new criminal law.
Is dacoity with murder bailable?
It is classified as a non-bailable offence. Bail is subject to judicial determination under the applicable law.
Can all participants be liable if only one commits murder?
Section 310(3) expressly addresses liability of the persons conjointly committing dacoity when one of them commits murder in its course. Liability in an individual case depends on proof of the statutory elements and each accused person's participation.
Legal note: This article is general statutory information, not advice on a particular criminal case. Applicable law, evidence and procedural rights require case-specific assessment.